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Jasvinder Nakhwal discusses Dawn Raids: Civil and Criminal Practice in Cartel Investigations (Competition Section) for The Law Society, Webinar


Business Crime partner and Criminal Cartel expert Jasvinder Nakhwal took part in a webinar for The Law Society “Dawn Raids: civil and criminal practice in cartel investigations (Competition Section)”.

The session covered:

  • Who can carry out a dawn raid in the UK? CMA, concurrent UK regulators, European Commission, co-operation between CMA and the European Commission.
  • What plans and procedures should a company have in place? Protocol, dos and don’ts, requisite resources, the importance of staff training.
  • Powers of investigation: UK and EU rules.
  • Scope of dawn raid decisions.
  • Preventing unlawful access to documents: inspecting authorisation, controlling the IT environment.
  • Is the investigation civil or criminal? Search and seizure powers, information sharing.
  • Is this a multi-jurisdictional investigation? Disclosure of evidence between CMA and other investigative agencies.
  • Legal privilege and handling suspects and witnesses.
  • Leniency applications- when should these be considered?
  • Interaction with Human Rights: compatibility of EU regime with ECHR, recent extensions of dawn raid powers.

This webinar provided guidance and practical advice for dealing with dawn raids. In particular, participants will obtain an understanding of:

  • The powers of investigation of the CMA;
  • How to prepare a client for, and guide them through, a dawn raid;
  • The civil and criminal penalties for non-compliance;
  • The latest dawn raid case law.

To listen to this webinar please see the Professional Development Centre of The Law Society.

 

 



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